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Georgia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Georgia on
Q: How to transfer a will to another County?

Will is Gordon County and Probate is in Cobb.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 10, 2021

I assume the Will is on file in the Gordon County Probate Court and the person who died is in Cobb County? If so, file your petition in Cobb and ask the court to contact Gordon County to have the will sentr to Cobb .

1 Answer | Asked in Estate Planning for Georgia on
Q: By law is the estate of my deceased father split 50/50 if sold or the wife can buy me out
A. Jase Allen
A. Jase Allen answered on Oct 10, 2021

I am not an attorney in GA but more info is needed to answer this question. State law governs the estate of a deceased person. The type of information needed to answer this question would be, was there a will/trust left behind, what does the will/trust say, and who are all the heirs and... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How do i cllect life insurance from my dead brothe that had no will or beniferaries on life policy
Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2021

You will need to hire an attorney to pursue the policy benefit. It may require a Probate or an Affidavit as who the Next of Kin are. Filing Suit for Breach of Contract and Bad Faith, with a Complaint to the Insurance Regulatory Agency for the State, may all be necessary.

1 Answer | Asked in Estate Planning for Georgia on
Q: Q: My 1/2 sister took our 95 year old dad to her lawyer and changed his will after being on Alzheimer’s medicine for 7y.

There was an original will and everything was to be divided equally between us 3 but now it’s only her name to have his estate.

My dad did pass away 11/2020. My other sister and I filled A grievance with the probate court over they will.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 7, 2021

While you do not ask a question, I assume you want to know what to do. Until your father passes away and his will is offered for probate there is nothing you can do. Once the will is offered for probate, you should challenge the will by filing a Caveat to it in the probate court where the will is... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: what happens to a person's bank account if they die without a will or known relatives?
Nina Whitehurst
Nina Whitehurst answered on Oct 6, 2021

If nobody claims the account within a certain period of time (which varies by state and financial institution but is usually around 3 years), then the bank will remit the funds to the state treasurer as unclaimed property.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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1 Answer | Asked in Estate Planning for Georgia on
Q: If I die before the assets of my deceased Father are distributed will my wife inherent my portion of the estate?

We reside in Georgia.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 10, 2021

If you have a will leaving everything to your wife, she will inherit your inheritance. Otherwise, it is divided between your wife and your children.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Does property left to "heirs of the heir" NEED to be held jointly?

"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2021

First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Insurance Defense for Georgia on
Q: Can a Remainderman purchase their own dwelling homeowner insurance policy to cover and protect interest

Life estate tenant has own homeowner dwelling policy, listed as insured full dwelling coverage on home and property, but remainder men are not covered at all. Is it legal that we can purchase our own policy to protect our interest?

Anthony M. Avery
Anthony M. Avery answered on Aug 23, 2021

There is nothing illegal about the remaindermen being insured for property loss. But you will have to carefully find a willing insurance company that will inure a dwelling in which there is an occupany that is not the insured. When you get the policy, read it.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

3 Answers | Asked in Estate Planning and Elder Law for Georgia on
Q: We did a will for my hubby who now is in the throes of Alzheimer's. I have Power of Attorney. What if I die first?

Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?

Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2021

No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: What is the "costs" to draft a Miller Trust" (i.e. Qualified Income Trust for Nursing Homes).

I am requesting a "estimate quote to have a lawyer draft up a Qualified Income Trust for Long-Term Care (i.e. Medicaid). I have a "Durable Power of Attorney for Finances", a "Durable Power of Attorney for Healthcare" and a "Will" for my mother. My mother has two... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 12, 2021

Attorneys are not allowed to provide direct quotes via this forum. You need to contact an attorney directly for a quote. A quote is normally not given until after a complete consultation. This is similar to a doctor not providing treatment until after a consultation and examination.

A...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Looking for the Georgia code concerning inheritance of an only child. without probation of a will.

Need the code which states an only child must provide three affidavits stating the person is indeed an only child

Michael D. Birchmore
Michael D. Birchmore answered on Jun 25, 2021

Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:

https://law.justia.com/codes/georgia/2019/

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can my Father keep a check written to him from my brother who passed away on 11/7/20. Check dated 11/6/20

My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 24, 2021

Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.

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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Once a ward was granted an emergency conservatorship is it legal to close all wards accounts

Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: Is the conservator then allowed to close all your financial ACCTS prior to speaking with ward? I

And is that considered the 60 days from served documents the notice put shows no letters from the courts that were to be mailed or hand delivered? Conservator hasn't as much called or anything to see what he needs but closed all His accounts leaving him w no $ not even being to get gas to... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

I do not understand your question. I'm sorry.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If it states in a will that my father wished to bequest nothing to me do i still get anything by law in Georgia?

My father passed in feb and my sister came up with a new will after 20 yrs of the old one being in place back in dec do i get anything and how do i find out if that will my sister has is real or not.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jun 1, 2021

If she tries to get the will admitted for probate, you can attempt to contest it, if you have valid reasons to believe he was under duress or not competent when it was executed.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Are adopted siblings entitled to a deceased parent's estate after they were awarded back to the State before legal age?
Homer P Jordan IV
Homer P Jordan IV answered on May 27, 2021

It would be wise to consult with an attorney who can review the facts of your case in detail and provide you with guidance. We would need to know more about this case in order to provide you with guidance

1 Answer | Asked in Estate Planning for Georgia on
Q: If named as a beneficiary in a will, am I entitled to a copy of said will?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 24, 2021

If the will is being probated, you should receive a notice of the probate.

1 Answer | Asked in Estate Planning for Georgia on
Q: when a loved ones dies and their wife passed before them does it go to blood relatives or her family which are not blood

my grandad passed and left in his will everything to his wife which was our step grandmother. She passed a few months before him and my grandad left her son-n-law executor. He is telling me that since she is no longer here it will go to her kids instead of us grandkids that are blood. Is this... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 10, 2021

This is a difficult question to answer. It all depends on exactly how the will is written. Generally, the bequest to thee wife will go to the contingent beneficiaries, but not always.

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